Bronx Wrongful Death Lawyers
Sympathetic Wrongful Death Lawyers In The Bronx
Suffering the loss of a beloved family member can be devastating, particularly if their death could have been avoided. Not only are you left devastated emotionally but potentially facing high financial costs as well. As a survivor of someone who has passed away due to preventable circumstances, you not only grieve for them but possibly face ruinous monetary implications too.
At Rosenberg & Rodriguez, we empathize with the pain and sorrow of losing a loved one. If their death was caused by another’s carelessness, you may be eligible for wrongful death benefits. Our team of reputable Bronx wrongful death attorneys can assist you through this hard time and strive to obtain the recompense that is rightfully yours. Don’t wait any longer- schedule your free consultation with one of our knowledgeable personal injury lawyers at (718) 509-4960 today!
Defining Wrongful Death Claims In New York
A wrongful death is a tragic occurrence in which the deceased has passed away due to someone else’s negligence, recklessness, or intentional behavior. To be considered an official case of wrongful death, it needs to meet three distinct criteria:
- A human being died
- Another person, group of people, or organization caused the death through intentional, negligent, or reckless actions.
- The surviving family member initiating the wrongful death lawsuit must demonstrate proof of financial suffering due to the unexpected death of the person
- The family has appointed a personal representative to initiate a wrongful death lawsuit
If the circumstances of your beloved’s death meet the above-mentioned criteria and were caused by another person’s negligence, you may be able to file a wrongful death claim. If you are not sure how to move forward with this legal process, our Bronx wrongful death lawyers specializing in such cases can provide assistance. Let us help make sure that justice is served by filing a wrongful death claim on behalf of your loved one’s estate. Commonly, wrongful death claims are the result of personal injury accidents like car crashes, construction site injuries, or medical malpractice; however, there exists a range of additional potential causes that we will explore below.
What Are The Qualifications Of A Wrongful Death Case?
At Rosenberg & Rodriguez, we understand the pain and suffering wrongful death can cause. If someone’s negligence has caused a loved one to prematurely pass away, you may be eligible for financial compensation through a wrongful death claim or lawsuit. We work diligently to identify all parties who could potentially be held accountable for your loss. When it comes to filing these cases with courts of law, common scenarios include:
An overwhelming sense of tension fills the air each time we slip into our car seats. We anxiously pray that other drivers on the road are equally mindful and responsible because when someone is driving recklessly, they’re putting not only themselves but also everyone else nearby in danger. As per The Centers for Disease Control’s records, an average of nine people lose their lives due to car accidents caused by distracted driving every day in America – a devastatingly staggering statistic.
Tragically, the Occupational Safety and Health Administration (OSHA) reports that each day in America, fourteen people lose their lives due to work-related injuries. The construction industry is particularly hazardous, with OSHA recognizing four specific accidents as the most fatal:
- Struck by an object
- Caught in/between equipment
With a mortality rate of 1 in 4, it makes sense why we entrust our lives to healthcare professionals. Sadly, when clinicians don’t communicate effectively or if physicians are overworked and make mistakes–which is not uncommon–250,000 people suffer the consequences annually according to John Hopkins University researchers. It’s so pervasive that medical errors have become America’s third leading cause of death. Here are some examples where malpractice materialized due to an error:
- Hospital-Acquired Infections – Any type of infection can have deadly results for patients, and the CDC reports that 1.7 million people are affected by hospital-acquired infections each year.
- A Misdiagnosis – When individuals seek medical attention, they are usually expecting to get better. But when a misdiagnosis occurs and delays the correct diagnosis, it can result in further harm being done by intensifying any already existing conditions.
- Wrong Medications – Lack of training and communication among staff can cause patients to receive incorrect medications, too much medication, or a deadly mixture of drugs.
- Never Events – It’s hard to believe, yet never events regularly occur in medical facilities across the United States. A never event is a medical issue that should not happen and cannot be predicted – for example, mistakenly amputating the incorrect limb during an operation. Unfortunately, such mistakes may prove fatal for some patients.
Nursing Home Abuse
It can be an emotionally difficult time when making the decision to put a family member in long-term care. We entrust that administration, providers, and staff will protect and provide for our loved ones with the utmost abilities. Unfortunately, many seniors may not report physical or emotional abuse due to cognitive decline or accept it as something they deserve – this makes it more vital for friends and relatives to pay regular visits while taking note of any changes or potential injuries/signs of neglect. Here are some examples you should watch out for:
- Unexplained falls
How To Prove Fault in a Wrongful Death Case
Winning a wrongful death lawsuit isn’t easy. You must demonstrate to the court that without the defendant’s actions, your loved one would still be alive today. This may seem like a complicated feat but with an experienced legal team and thorough investigation of evidence, it is achievable! Gatherings such as supportive proof could include:
- Medical records
- Police report
- Surveillance footage
- Cell phone records
- Dash-cam video
- Vehicle data devices
- Witness statements
It’s vital to seek out a wrongful death lawyer in the Bronx immediately if you want to experience success with your case. Evidence can easily be lost if not gathered soon enough, and New York state only grants personal representatives two years from the date of their loved one’s passing to file suit. The more energy and time that is put into constructing a strong claim, the stronger it will stand—so act fast for optimal results!
Frequently Asked Questions
Who Can File A Wrongful Death Claim in the Bronx?
If you seek to file a wrongful death claim in the Bronx, the personal representative of the deceased must take action. Qualified family members may be eligible for compensation, like:
- The spouse of the deceased – If your spouse dies because of someone else’s negligence, you may be able to get compensation for the financial and emotional losses you suffer.
- The children of the deceased – The children of the deceased may file a lawsuit against the negligent party to receive money for their damages.
- Parents of the deceased – Parents can receive wrongful death compensation if their minor child was killed as a result of the accident.
- A non-family representative of the estate – If a non-family member estate files a wrongful death claim against the guilty party, they may do so on behalf of other family members who have survived.
In times of grief and loss, finding the right legal counsel is essential. At Rosenberg & Rodriguez, our expert Bronx wrongful death attorneys can offer guidance on how the law may apply to your case and help you seek compensation if applicable. If a loved one has been taken from you because of negligence or wrongdoing, let us provide clarity in this difficult time by assessing your claim today.
What Damages Can Be Recovered After A Wrongful Death?
While nothing can replace the sorrow that comes with losing a beloved family member, it is possible to receive substantial financial reimbursement to help cope moving forward. Immediate relatives are eligible for the following types of compensation:
- Medical costs related to hospital care prior to death
- Burial or cremation expenses
- Funeral costs
- Lost expected wages
- Lost benefits from the deceased’s work
- Loss of consortium
- Loss of inheritance
- Punitive damages for crimes committed by the at-fault party that caused the death
The family can concentrate on the healing process, without needing to worry about any of the financial repercussions of a loved one’s passing. Thanks to ample monetary compensation they will not need to concern themselves with current or future expenses related to this tragedy.
What’s The Average Wrongful Death Claim Worth?
The amount of damages you obtain from a lawsuit differs dependent on several factors including the culpability of the opposing party and your available proof. A countless number of elements can affect how much compensation is awarded in wrongful death cases, among them including venue, plaintiff, personal representative, judge, jury, and damages. The personal representative will collaborate with other claimants along with their legal counsel to evaluate settlement options.
What Is The Time Limit To File A Wrongful Death Lawsuit In New York?
The emotional distress of losing a beloved is unfathomable, and the gap they leave can never be mended. However, if you procrastinate too long to take legal action, you risk forfeiting potential compensation that could make your journey through grief slightly less arduous. In New York State, there are two years from the date of passing—not necessarily when their accident happened—to file wrongful death cases before it’s too late. Thus it’s essential to move quickly in order to secure justice for yourself and your lost loved one.
When you’re grieving the loss of a loved one, the last thing that should be on your mind is added stress from legal proceedings. Rest assured that Rosenberg & Rodriguez’s Bronx wrongful death lawyers will delicately handle your case so you can focus less on paperwork and more on healing and moving forward.
Contact Our Bronx Wrongful Death Lawyers Today
At Rosenberg & Rodriguez, we are passionate about providing you with the optimum resolution for your case. Knowing how taxing legal matters can be both mentally and emotionally, our Bronx wrongful death lawyers will make sure to take care of all details and paperwork on your behalf. We have an extensive history of success in representing families from New York City who experienced the tragedy of a beloved family member’s passing away. Our knowledgeable attorneys invite you to schedule a free consultation by calling us at (718) 509-4960 so that they may explore further what options are available for your individual situation.